HASANBHAI YUNUSBHAI KAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application for bail under Sec. 439 of Code of Criminal Procedure, the applicant has prayed for enlarging him on bail in connection with offence being CR No.11193052210779 dtd. 20/10/2021 registered with Savarkundla Town Police Station, District:-Amreli under Sec. 394 , 504 , 506(2) IPC and under Sec. 135 of Gujarat Police Act.

(2.) As per the complaint of the complainant, on 20 th October, 2021, the petitioner who is having a wholesale Pan Masala Shop went to the shop of one Imran Parik, who is also in the business of wholesale betel nut for settling the account and was returning back to his shop. The present applicant stopped him and started abusing him and demanded a sum of Rs.10,000.00. When the accused person said that he does have have that much money, the present applicant got provoked, caught the complainant by collar and looted a sum of Rs.5,200.00 and ATM Card of ICICI Bank. When the complainant tried to resist, he brought out the chilli power from his pocket and threw it in the eyes of the complainant and threatened the complainant to kill. Ultimately thereafter, the complainant got the complaint registered and pursuant to that, the present applicant is arrested.

(3.) Heard learned advocate Mr. Sahil Kadri for the applicant, who made only to submissions for enlarging the applicant on bail. He has submitted that there is no eye-witness to the incident and second submission was that though there are seven antecedents recorded against the present applicant. Out of those seven antecedents, in respect of four antecedents, the applicant has been acquitted and in respect of one offence, which is considered to be an antecedent was under the Prohibition Act . Therefore, the same may not be treated at par with the offence in question. By making the aforesaid submissions, learned advocate Mr. Kadri prayed for enlarging the present applicant on bail.